§ 492 — Access to restroom facilities

§ 492. Access to restroom facilities. 1. A place of business open to\nthe general public for the sale of goods or services that has a toilet\nfacility for its employees shall allow any individual who is lawfully on\nthe premises of such place of business to use that toilet facility\nduring normal business hours, even if the place of business does not\nnormally make the employee toilet facility available to the public,\nprovided that all of the following conditions are met:\n (a) the individual requesting the use of the employee toilet facility\nhas an eligible medical condition or utilizes an ostomy device, provided\nthat the place of business may require the individual to present\nreasonable evidence that the individual has an eligible medical\ncondition or uses an ostomy device;\n (b) two or more employees of the place of business are working at the\ntime the individual requests use of the employee toilet facility;\n (c) the employee toilet facility is not located in an area where\nproviding access would create an obvious health or safety risk to the\nrequesting individual or create an obvious security risk to the place of\nbusiness;\n (d) use of the toilet facility would not create an obvious health or\nsafety risk to the requesting individual; and\n (e) a public restroom is not immediately accessible to the requesting\nindividual.\n 2. Reasonable evidence that an individual has an eligible medical\ncondition or uses an ostomy device shall include, but not be limited to,\nat the option of the individual:\n (a) a signed statement by a physician, nurse practitioner, or\nphysician assistant licensed under title eight of the education law, on\na form that has been developed by the department of health under\nsubdivision three of this section; or\n (b) an identification card that is issued by a nonprofit organization\nwhose purpose includes serving individuals who suffer from an eligible\nmedical condition.\n 3. The department of health shall develop a standard electronic form\nthat may be signed by a health care provider as evidence of the\nexistence of an eligible medical condition. The form shall be posted on\nthe department's website in a printable format and include the following\ninformation:\n (a) space for the form bearer's name;\n (b) space for the form bearer's address;\n (c) space for the form bearer's date of birth;\n (d) space for the health care provider's name, signature, and\nstatement as provided in subparagraph (ii) of paragraph (e) of this\nsubdivision;\n (e) the following statements:\n (i) "MEDICAL ALERT: RESTROOM ACCESS REQUIRED";\n (ii) "The holder of this form suffers from Crohn's disease, ulcerative\ncolitis, other inflammatory bowel disease, irritable bowel syndrome, or\nanother medical condition that requires immediate access to a toilet\nfacility."\n (iii) "Complaints regarding enforcement should be directed to the\nstate consumer protection division, or the county, city, or town office\nof consumer protection as applicable"; and\n (f) a reference to the Crohn's and colitis fairness act under this\narticle.\n